Here is a question for the blog clinic from Michael who is a landlord
My tenant normally pays his rent on the 2nd day of every month; this was when he signed the AST agreement. He has been paying later and later every month. I have written to him and he now wants to pay on the 10th day of each month.
I am willing to change the payment to the 10th day; he is presently in a periodic tenancy. I have not charge the tenant for the late payment, but if I change his payment day to the 10th there will be 8 days owed.
What is the best way to deal with this?
There are two ways you can deal with it.
1. GIve a new tenancy agreement starting on the 10th of the month rather than the 2nd of the month, and ask him for the extra payment to make up the days. I suspect however that your tenant will not be able to afford this
2. Continue with the tenancy running from the 2nd day in the month but agree that the rent can be paid on the 10th rather than on the 2nd. There is no law which says that rent has GOT to be paid a month in advance, in fact on the contrary the default position is that rent is due in arrears. It is only the fact that there is a tenancy agreement term saying this which makes it payable a month advance. So if you agree to it being paid a bit later, it will still be payable in advance but just not the whole month in advance.
With option 2 you can do this either by agreement or (if you prefer) in a new form of tenancy agreement.
